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Move fast and break things. Innovate or die. Internet-age corporate speak tends to reserve its highest praise not just for technological innovation, but for "disruption" — the idea that there are fortunes to be made in applying new technologies to existing business models.
The other side of that coin is secrecy. In the so-called "innovation economy," an idea's value is closely linked to being the first to bring it to market. Uber has 20 times the market cap of Lyft, despite offering similar core services, in part from being first to market.
Unsurprisingly, then, many technology companies go to great lengths to protect the confidential information related to their businesses, often implementing elaborate technical protections, backed up by legal measures such as strict nondisclosure agreements (NDAs). Intellectual property laws, including copyright, patent, trademark and trade secret laws (in addition to traditional contract law) can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.
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In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
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As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.